Chief's fall, appeal fails, throne vacant

Zim Now Reporter

Dethroned Chief Katerere, Alexio Nyamhute, has suffered a decisive legal blow as his appeal to the Supreme Court was dismissed with costs.

The apex court's ruling, delivered by Justices Felistus Chatukuta and Muchena, upheld the earlier decision of the Mutare High Court, solidifying the declaration that Nyamhute's appointment was unlawful and invalid.

The Supreme Court's decision centered on procedural irregularities in Nyamhute's application, specifically the failure to adhere to the Supreme Court's rules regarding the signing and timely filing of the notice of appeal.

This legal battle stemmed from a challenge brought by Pius Mupunwa, a village head and member of the Dembetembe royal family. Mupunwa argued that Nyamhute's 2023 appointment, following Clepaton Chifodya's tenure, disregarded the critical role of spirit mediums (masvikiro) in the Hwesa or Katerere traditional succession process.

Justice Isaac Muzenda of the Mutare High Court had previously ruled that the appointment violated the dynasty's succession principles, which necessitate the involvement of spirit mediums in selecting the rightful chief. This ruling highlighted the deep-seated cultural and traditional importance of the masvikiro in the Katerere chieftaincy.

Christopher Ndlovu, a prominent Mutare lawyer representing Mupunwa, confirmed the Supreme Court's decision. "Alexio Nyamhute's notice of appeal has been thrown out at the Supreme Court with costs after we had filed a notice of objection," Ndlovu stated.

The notice of objection, now public, detailed the procedural flaws in Nyamhute's appeal. It pointed out that the notice of appeal was neither signed by Nyamhute nor his legal practitioner, a direct violation of Rule 31(1) of the Supreme Court rules. Furthermore, the appeal was filed 17 days after the High Court's ruling, exceeding the 15-day limit stipulated by Rule 38(1)a.

The Supreme Court's dismissal of the appeal effectively maintains the High Court's declaration of a vacancy in the Katerere chieftaincy